ISLAMABAD: CJP Umar Atta Bandial presided over a six-member panel that heard identical petitions challenging civilian trials in military courts under the Army Act 1952.
Justices Ijazul Ahsan, Yahya Afridi, Munib Akhtar, Mazahir Ali Akbar Naqvi, and Ayesha A Malik complete the bench.
On Monday, the federal government asked the supreme court to dismiss all petitions challenging military court prosecutions of civilians. Government argued that military violence and army installation vandalism threatened Pakistan’s national security.
The government defended the military trials through Attorney General Mansoor Usman Awan. The government argued that Article 245 of the Constitution requires the Armed Forces to defend Pakistan.
While, It added that a court-martial does not limit legal rights.
Supreme Court Bar President Abid Zubiri’s plea will heard today.
Moreover, The government said that organised and coordinated attacks on many military stations and establishments nationwide occurred on May 9. The reply stated that the events of 9 May show a pre-meditated and premeditated attempt to weaken the country’s military and security.
Moreover, The administration added that the petitions’ problems are vital to Pakistan’s security and integrity.
“As such, to create deterrence in respect of such attacks, our constitutional framework allows perpetrators of such vandalism and violence to tried under the Army Act,” the ministry replied.
Moreover, Recent events surrounding Shakeel Afridi and Kulbhushan Jadhav prove that foreign influences are destabilising the Armed Forces. As well as weakening our national security.
While, The federal government claimed that the Army Act and Army Rules guarantee the accused’s fair trial rights.
“This court has already found favourably regarding the procedural and substantive protections provided for trial under the Army Act in, inter alia, the F B Ali and Said Zaman Khan cases,” the reply stated.
